People v. Murray

Judgment, Supreme Court, New York County (Michael Sonberg, J.), rendered March 15, 2000, convicting defendant, after a jury trial, of criminal *302sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed. Order, same court (Daniel FitzGerald, J.), entered on or about September 8, 2000, which denied defendant’s motion to vacate the judgment, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s mistrial motion made after the court made an ill-advised remark during jury…